HomeMy WebLinkAbout05-4914
CLARA 1. FISHER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO.2005- l(9) 'I
CIVIL TERM
MICHAEL A. FISHER and
CA THRIN FISHER,
Defendants
CIVIL ACTION - LAW
CUSTODY
COMPLAINT FOR CUSTODY
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
AND NOW comes the Plaintiff, CLARA 1. FISHER, by her attorney, MAX J. SMITH,
JR., Esquire, and respectfully represents the following:
1. Plaintiff, CLARA 1. FISHER, currently reside at 1221 Gross Drive,
Mechanicsburg, Cumberland County, Pennsylvania.
2. Defendant, MICHAEL A. FISHER, currently resides at 55 Meadowbrook Court,
New Cumberland, Cumberland County, Pennsylvania.
3. Defendant, CATHRIN FISHER, currently resides in Germany, and may be served
at her mother's address at Am Wingertsberg 43 a, 63322 Roedermark, Germany.
4. Defendants are the natural parents of JEREMY A. FISHER, born December I,
1998, and are divorced.
5. Plaintiff is the paternal grandmother of JEREMY A. FISHER.
6. The best interests and welfare of the minor child require that primary physical and
legal custody of Jeremy be with Plaintiff, as he is well-adjusted in his Mechanicsburg home
under Plaintiff s care. Moreover, an Order of Court granting custody to Plaintiff is necessary so
that Plaintiff may render decisions regarding Jeremy's education and medical care.
7. Defendant Cathrin Fisher has not had contact with Jeremy for the past year, and
has indicated her intent to permanently remain in Germany.
8. Defendant Michael Fisher resides in New Cumberland with his girlfriend and her
two (2) children, and has maintained only sporadic contact with Jeremy since moving out of
Plaintiffs residence in February 2005.
9. The minor child has resided at the following addresses for the past five (5) years:
(a) From 2000 until February 2005 with Father and paternal grandmother at 1221
Gross Drive, Mechanicsburg, Cumberland County, Pennsylvania.
(b) From February 2005 until present with paternal grandmother at 1221 Gross Drive,
Mechanicsburg, Cumberland County, Pennsylvania.
10. Plaintiff does not have any information of any custody proceeding concerning said
minor child in any court in Pennsylvania or any other State.
11. Plaintiff has not participated as a party, witness or otherwise in any other litigation
concerning the custody of said minor child in Pennsylvania or any other State.
12. Plaintiff does not know of any person not a party to these proceedings who has
physical custody of the said minor child or who claims to have custody or visitation rights with
respect to him.
13. Plaintiff as grandparent has standing to bring this action pursuant to 23 Pa. C.S.A.
5313, and has stood in loco parentis with respect to said child for the past five (5) years.
WHEREFORE, Plaintiff respectfully prays that your Honorable Court order that primary
physical and legal custody of Jeremy be with Plaintiff, subject to Defendants' rights of partial
custody.
Respectfully submitted,
Date: September 21,2005
an {!
MAX 1. SMITH, JR.
J.D. No. 32114
JARAD W. HANDELMAN, Esquire
J.D. No. 82629
James, Smith, Dietterick & Connelly LLP
P.O. Box 650
Hershey, P A 17033
(717) 533-3280
I verify that the statements made in this Complaint are true and correct. I under-
stand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section
4904, relating to unsworn falsification to authorities.
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CLARA I. FISHER
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CLARA I. FISHER
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
05-4914 CIVIL ACTION LAW
MICHAEL A. FISHER AND CA THRIN
FISHER
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW.
Wednesday, S!I'!ember 28, 2005 _' upon consideration ofthe attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Snnday, Esq.
at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, October 26, 2005
, the conciliator.
at 10:00 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute: or
if this cannot be accomplished, to define and nan'ow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order,
The court hereby directs tbe parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders. and Custody orders to the conciliator 48 hours prior to scheduled hearing,
FOR THE COURT.
By: fsl
Dawn S. Sunday. Esq.
Custody Conciliator
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The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Djsabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 170 I 3
Telephone (7) 7) 249-3 I 66
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CLARA 1. FISHER
Plaintiff
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
05-4914
CNIL ACTION LAW
MICHAEL A. FISHER AND
CA THRIN FISHER
Defendant
IN CUSTODY
TEMPORARY ORDER OF COURT
AND NOW, this :;J -1 day of ~ , 2005, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. This Order is entered without prejudice to either party on a temporary basis pending the
conciliation conference scheduled in this Order.
2. The paternal Grandmother, Clara 1. Fisher, and the Father, Michael A. Fisher, shall have
shared legal custody ofJeremy A. Fisher, born December 1, 1998. The Father and the paternal
Grandmother shall have an equal right, to be exercised jointly with the other, to make all major non-
emergency decisions affecting the Child's general well-being including, but not limited to, all
decisions regarding his health, education and religion. Pursuant to the terms of this paragraph the
Father and the paternal Grandmother shall be entitled to all records and information pertaining to the
Child including, but not limited to, school and medical records and information.
3. The paternal Grandmother shall have primary physical custody of the Child, who presently
resides in her household.
4. The Father shall be entitled to have physical custody of the Child upon request to the
Grandmother. The Grandmother shall not withhold her agreement to the Father's request for custody
unless the Grandmother has made advance plans for the Child during the time requested and the Father
has not provided at least 24 hours notice ofthe request.
5. Prior to the custody conciliation conference scheduled in this Order, the Father shall obtain
an alcohol evaluation by a certified addictions counselor and a written report concerning the outcome
and any recommendations resulting from the evaluation. The Father shall be responsible to pay the
costs of the evaluation under this provision.
6. The Father shall refrain from bringing alcohol into the Grandmother's residence, storing
alcohol in the Grandmother's residence or consuming alcohol in or at the Grandmother's residence.
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7. Both parties shall refrain from smoking cigarettes when the Child is present in the car or the
residence. The parties shall ensure that third parties having contact with the Child comply with this
provISIOn.
8. The parties and counsel shall attend an additional custody conciliation conference in the
office of the conciliator, Dawn S. Sunday, on Tuesday, January 24,2006 at 8:30 a.m. to review the
custody arrangements.
9. This Order is entered pursuant to an agreement ofthe parties at a custody conciliation
conference. The parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
BY THE COURT,
~J.
J.
cc:
CLARA 1. FISHER
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
05-4914
CIVIL ACTION LAW
MICHAEL A. FISHER AND
CA THRIN FISHER
Defendant
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject of this litigation is as
follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Jeremy A. Fisher
December 1, 1998
Paternal Grandmother and Father
2. A custody conciliation conference was held on October 26, 2005, with the following
individuals in attendance: The plaintiff paternal Grandmother, Clara 1. Fisher, with her counsel, Max J.
Smith, JI., Esquire, and the Father, Michael A. Fisher, who is not represented by counsel in this matter.
The Mother, Cathrin Fisher, who resides in Germany, is not represented by counsel in this matter and
did not attend the conference. The plaintiffs counsel confirmed that the Mother was properly served
with notice of the conference and the filing of the Complaint.
3. It was represented by the parties attending the conference that the Mother, who has had no
contact with the Child for the past year, has expressed an intention to remain permanently in Germany
and has not requested custodial rights with respect to the Child.
4. The parties agreed to entry of an Order in the form as attached.
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Date
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Dawn S. Sunday, Esquire CJ
Custody Conciliator
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CLARA 1. FISHER
Plaintiff
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
05-4914
CNIL ACTION LAW
MICHAEL A. FISHER AND
CA THRIN FISHER
Defendant
IN CUSTODY
Prior Judge: Kevin A. Hess
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject of this litigation is as
follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Jeremy A. Fisher
December 1, 1998
Paternal Grandmother
2. A custody conciliation conference was held on January 24, 2006, with the following
individuals in attendance: The paternal Grandmother, Clara 1. Fisher, with her counsel, Max J. Smith,
Jr., Esquire. Neither the Father, Michael A. Fisher, who attended the previous conference, nor the
Mother, Cathrin Fisher, who resides in Germany, attended the conference or contacted the conciliator.
3. This Court previously entered an Order on November 3, 2005 following an agreement at a
custody conciliation conference, under which the paternal Grandmother had primary physical custody
of the Child and the Father had partial custody upon request. The Father was also to obtain an alcohol
evaluation by a certified addictions counselor prior to the follow-up conciliation conference scheduled
in the Order.
4. The paternal Grandmother represented at the conference that the Father had not obtained the
alcohol evaluation and has continued to consume alcohol at the Grandmother's residence despite the
provisions of the existing Order. According to the Grandmother, the circumstances which existed at
the time of the prior conciliation conference in October 2005 have not changed.
.
,
5. It appears that no further Order is necessary at this time. It is recommended that the existing
Order dated November 3, 2005 continue in effect until such time as any party files a request with the
Court for further review or modification.
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Dawn S. Sunday, ESqUire~
Custody Conciliator
cc: Michael A. Fisher, Father
Max J. Smith, Jr., Esquire - Counsel for plaintiff Grandmother
Cathrin Fisher, Mother
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